Ensure safe return of PoK national to his house, J

Published: Wednesday, July 30, 2008, 16:37 [IST]

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Srinagar, Jul 30 (UNI) Setting aside the detention of a Pakistan Occupied Kashmir (POK) resident Nasrullah Mansoor Khan under the Public Safety Act (PSA), the Jammu and Kashmir High Court has directed the authorities to ensure his safe deportation.

Khan had been languishing in different jails in and outside the state for the past 15 years.

Quashing his detention a single bench of the High Court, comprising Justice Mansoor Ahmad Mir, directed the state government to take immediate steps for Khans safe return to his house in POK.

The court gave the order after hearing arguments from both the sides.

Earlier, the council for Khan informed the court that the city magistrate had already issued the acquittal orders of Khan.

He further said the government had registered four cases against Khan which stand decided by the court.

Praying for his early release, the defence council said all the cases registered against him have been decided.

He submitted that the PSA's against Khan should be quashed as he had already completed the term of punishment in two cases while the court had relieved him of all the acquisitions in other two cases.

He said that it would be now illegal to again imprison Khan under the fresh PSA.

The city magistrate had observed that there was no evidence, which would suggest that Khan has violated any rule under which he could be arrested.

It had said though the prosecution had alleged that Khan was arrested by the army in Kupwara near the LoC with arms and handed over to police but for want of statement from the Army, which has not cooperated with the police during the investigation, offences against Khan were dropped..

The prosecution has failed to produce the army official who had claimed to arrest Khan and there had been no rebuttal of Khan's statement from the army.

It's admitted that the prosecution has failed to prove the case, the city magistrate had observed.